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On 19 January 2016, Advocate General Szpunar delivered his opinion in Case C-470/14, EGEDA v. Administración del Estado, which was a reference from the Spanish Supreme Court seeking a preliminary ruling on questions relating to Article 5(2)(b) of Directive 2001/29 (the “InfoSoc Directive”). Article 5(2)(b) provides that member states may provide for exceptions or limitations to the reproduction right “in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair...

The Spanish government approved on 30 October 2015 a Royal Decree that specifies the details of the obligation to pre-fund European audiovisual works which is contained in the General Law of Audiovisual Communications approved by the Parliament in 2010 (see IRIS 2010-4/21). This law establishes the obligation for audiovisual media services providers to earmark annually a percentage of their operating revenue, accrued in the previous financial year, for the pre-funding of the following European works: cinematographic films (feature-length and short films), films, series and documentaries made for...

On 15 September 2015, the Spanish Supreme Court upheld the decision from the Court of Appeal, which found three members of the panel of speakers from the popular TV programme "Sálvame" responsible for defamation, after insulting Spanish socialite Carmen Lomana on air. The defendants will have to compensate Lomana with EUR 120 000 in total (EUR 60 000, EUR 30 000 and EUR 30 000 respectively). The decision from the Court of Appeal had already recognised the existence of “an illegal interference with the reputation of the applicant for the serious and repeated insults made during the Sálvame and Sálvame...

The National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia, CNMC) has extended for two years the conditions by which the merger agreement between Antena 3 and La Sexta was authorised by the Council of Ministers on 24 August 2012 (see IRIS 2012-8/21). The merger of the two broadcasters was authorised for an initial term of three years, subject to compliance with certain conditions relating to television advertising, the acquisition of audiovisual content and periodic benefit obligations of information, and free TV. After this period, the CNMC would assess...

On 6 July 2015, the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC) adopted new guiding criteria for rating audiovisual content. These criteria apply both to providers of linear and non-linear audiovisual media and regardless of the transmission medium used (IPTV, online television, websites, mobile applications, etc.). The guiding criteria apply to the following age categories: "Especially recommended for children", "Suitable for all ages", "Not recommended for children under 7 years", "Not recommended for children under 12 years", "Not...